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Hon’ble Supreme Court - Kashmir Has Always Been A Part Of India

Hon’ble Supreme Court - Kashmir Has Always Been A Part Of India

Hon’ble Supreme Court - Kashmir Has Always Been A Part Of India

 

Recently, on Friday 13rd May, 2022 the Hon’ble Supreme Court refused to stay the ongoing delimitation process in Jammu and Kashmir, and asked the petitioner’s counsel, Senior Advocate Ravi Shankar Jandhyala, to be mindful of his language in Court. 

 

 

 

 

 

During today’s hearing, the bench, which also included Justice M.M. Sundresh, questioned petitioner’s counsel Senior Advocate Ravi Shankar Jandhyala on whether the petitioner is challenging the repeal of Article 370 of the Constitution.

Counsel Replied: On 5th August, 2019, Kashmir became a part of the country.

 

 

 

 

 

 

 

Justice Kaul said, Be mindful of the language you use. Kashmir has always been a part of the country! Just a special provision was removed

The Court also questioned Jandhyala on why he had not challenged the two-year-old delimitation constitution. The counsel responded by stating that delimitation is a process that should only be undertaken by the election commission and not by any other body. 

Solicitor General Tushar Mehta informed the Court that the first prayer in the petition was for the delimitation to be conducted by the committee rather than the election commission, and the second prayer was for the census. 

 

 

 

 

 

 

 

 

After hearing the parties, the court directed the central government and the election commission to file their replies in the matter and also directed that averments regarding the repeal of Article 370 be ignored. 

The bench declined to issue a notice in the case. 

The hearing has now been rescheduled for 30th August, 2022.

 

 

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